Blog

Is It True That Shoplifting Can Be a Felony in Orange County, California?

Posted by Neil Shouse | Apr 25, 2016 | 0 Comments

You may have heard of people being hit with California felony penalties for shoplifting items from a store--and may have wondered if this can really happen.

The quick answer is: it is possible for someone to be charged with a felony for shoplifting. But it is now more difficult for prosecutors to charge a shoplifter with a felony than it used to be.

In 2014, California voters passed Proposition 47, which reduced the penalties for some minor drug and property crimes and went into effect in 2015.

Before Prop 47, people who shoplifted could technically be charged with California burglary, which can carry felony penalties. Burglary is defined as entering any building (including a store) with the intent to commit any theft or felony once inside. Technically, most premeditated shoplifting meets this definition.

But Prop 47 created a new crime called Penal Code 459.5 PC shoplifting. Under PC 459.5, people who enter an open store during normal business hours intending to steal merchandise worth $950 or less are guilty of shoplifting--and may NOT be charged with burglary. The new crime of PC 459.5 shoplifting is a misdemeanor for everyone who is not a registered sex offender and does not have certain very serious violent crimes on their record.

What this means is that, for most people, shoplifting can only be charged with a misdemeanor going forward. But there are situations in which it could be a felony, including:

  • The defendant was charged and convicted before Prop 47 went into effect;
  • The defendant stole, or intended to steal, merchandise worth more than $950 (in which case s/he may have been charged with either burglary or grand theft); and
  • The defendant has a serious violent or sex crime prior to his/her record.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370